Ramiro Pesina v. Sally B. Johnson, Superintendent, Orleans Correctional Facility

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “the exhaustion requirement mandates that federal claims be presented to the Highest court of the pertinent state before a federal court may consider the petition”
• stating that “the exhaustion requirement mandates that federal claims be presented to the highest court of the pertinent state before a federal court may consider the petition”
• To fulfill the exhaustion requirement, a petitioner must have presented the substance of his federal claims “to the highest court of the pertinent state.”
• “We have held that the exhaustion requirement mandates that federal claims be presented to the highest court of the pertinent state before a federal court may consider the petition.”
• a petitioner must also present Section 440.10 claims to the highest state court, even if the statutory time limit for petitioner to appeal the denial of a Section 440.10 motion has passed
• \Until [petitioner] presents his claim to the highest state court – whether or not it seems likely that he will be held to be procedurally barred – he has not exhausted available state procedures.\

Source: CourtListener parenthetical corpus (CC0).